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APS’s Petition for Exemption

Pursuant to Section 333 of the FAA Modernization and 

Reform Act of 2012

APS: 

Arizona Public Service Company, a subsidiary of the Pinnacle West Capital Corporation

ATTN: Ian R. Hatfield – Predictive Maintenance Sr. Technician 

PO Box 53933 Sta 4618

Phoenix, AZ 85072

Phone: (602) 809-0545

Ian.hatfield@aps.com
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I. SUMMARY OF PETITION

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“Section 333”),

Arizona Public Service Company (“APS”) hereby respectfully requests expedited approval to use Small

Unmanned Aircraft System (“sUAS”) under the terms and conditions described in this Petition for

Exemption (“Petition”) to conduct inspections of energy infrastructure. Arizona Public Service Company

also requests the exemptions that are necessary to such approval pursuant to 49 U.S.C. § 44701(f), and

14 C.F.R. § 11.81.

1

APS seeks to use sUAS to perform visual inspections of vital energy infrastructure, such as

transmission and distribution lines and substations and Solar generation fields, in order to further the

public interest in the safe and reliable delivery of electricity to customers. Small UAS are ideally suited for

inspection of energy infrastructure—they can safely, inexpensively, and quickly deliver high-quality

Infrared and digital photo and video, which eliminates the need for physical inspection and thus speeds

the process of trouble-shooting, and ultimately increases the reliability of the electric grid. In particular,

sUAS allow for safer operations and inspection of the critical infrastructure. Utility workers would be able

to conduct inspections without being in close proximity to high-voltage equipment or subject to the

height related hazards of bucket trucks or conventional aircraft. They can also facilitate the safe

inspection of hard-to-access or environmentally sensitive areas without the use of bucket trucks,

helicopters, and other utility vehicles that may have more impact than sUAS. In addition, because of the

small size of the craft, there is not the exposure and risk to public safety as with traditional helicopter use.

In many cases sUAS can be more efficient and cost effective than traditional methods, which can help to 

reduce operations and maintenance costs and, perhaps most importantly, provide a means for faster 

resolution of any problems on the electric system. A reduction to the overall maintenance costs would be 

of benefit to the public by being able to pass any reduction of costs directly to the rate payer. The public 

interest is critical to our success and the approval of this request and the provision of the necessary 
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exemptions will enhance worker and public safety, increase electric system reliability and decrease 

customer costs.

Moreover, approving the requested use would represent a significantstep forward in the Federal

Aviation Administration’s (“Administration”) efforts to integrate sUAS into the national airspace system. 

Arizona Public Service Company’ request provides the Administration with an opportunity to partner

with a leading electric energy provider as it works to develop its rulemaking pursuant to the FAA

Reauthorization Act of 2012—while doing so for a compelling public purpose and under strict operational

and safety guidelines. Given the uniqueness of APS—the company has a diverse geographical and 

environmental footprint and a distinctive resource mix—it is ideally suited to help the Administration

understand the potential utility applicationsfor sUAS.

Arizona Public Service Company proposes to use sUAS that are rotorcraft, weigh 15 or fewer

pounds, operate at a speed of no more than 50 knots, and contain built-in safety features. In addition,

Arizona Public Service Company proposes to use the aircraft at low altitudes, not in proximity to airports

or densely populated areas, on property that is owned or controlled by Arizona Public Service Company

or is a utility right of way or easement, within the visual line of sight of the operator, and under

controlled conditions. Accordingly, the requested exemptions satisfy the applicable statutory criteria and

policies, will serve the public interest, will not adversely affect safety, and will provide a level of safety at

least equal to the existing airworthiness and related regulations. Approval of this Petition is therefore

consistent with Section 333’s directive to “establish requirements for the safe operation of [unmanned 

aircraft systems] in the national airspace system” if the Secretary of Transportation determines that

certain unmanned aircraft systems may operate safely in the national airspace system.

2

2

Section 333(c) of the FAA Modernization and Reform Act of 2012, Pub. L. No. 112-95, 126 Stat 11.
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II. APS BACKGROUND

Arizona Public Service Company is an Arizona based utility that services about 1.3 million

customers. We maintain more than 44,000 miles of power lines ranging from distribution lines to 

transmission lines with voltages over 500kv. We also operate and maintain 416 substations in Arizona and 

multiple generation sites. Arizona Public Service Company is committed, first and foremost to safety.

Arizona Public Service Company is focused on the reliability of its system through maintenance and

inspection of the existing electrical system as well as build-out of additional facilities. Consistent with

Arizona Public Service Company' efforts for providing safe and reliable service to our customers, Arizona 

Public Service Company seeks to use sUAS to more safely and effectively perform inspections of the

electrical infrastructure and solar generation fields.

III. RELEVANT STATUTORY AUTHORITY 

A. Section 333

Section 333(a) states that the Administration “shall determine if certain unmanned aircraft 

system before completion of the plan and rulemaking [to broadly integrate UAS into the national 

airspace] required by Section 332 of this Act.” Section 333 is also described as a pathway for “expedited 

operational authorization.”

3

Section 333(b)(1) outlines the factors that the Administration shall use to determine whether

UAS may be operated safely in the national airspace system: size, weight, speed, operational capability, 

proximity to airports and populated areas, and operation within visual line of sight. In addition, and 

importantly for this Petition, Section 333(b)(2) provides the Administration with the discretion

To determine that a certificate of waiver, certificate of authorization, or airworthiness certification is

not required to operate UAS that are found to be appropriate under Section 333(b)(1). Finally, Section

333(c) allows the Administration to establish requirements for safe operation of the UAS determined to

be able to be operated safely in the national airspace system. 
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B. Section 44701(f)

In addition to its specific authority related to authorizing UAS operation under Section 333, the 

Administration has general authority to grant exemptions from its safety requirements and minimum 

standards if the Administration finds that the exemption is in the public interest. Administration 

regulations set forth the information that must be included in the petition for exemption: (1) the APS’s

name and mailing address; (2) the regulations from which the APS seeks exemption; (3) the extent of

relief sought and why; (4) the reasons why granting the request would be in the public interest and how

it would benefit the public as a whole; and (5) the reasons why granting the exemption would not

adversely affect safety, or how the exemption would provide a level of safety at least equal to the rule

from which the APS seeks exemption.

IV. DISCUSSION

A. APS’s Proposal Satisfiesthe Section 333 Criteria for Approval.

As described above, Section 333(b)(1) outlines the factors that the Administration shall use to 

determine whether UAS may be operated safely in the national airspace system: size, weight, speed,

operational capability, proximity to airports and populated areas, and operation within visual line of 

sight. Applying the criteria outlined in Section 333(b)(1) and other relevant criteria to this case 

demonstrates that APS’s proposed terms and conditions of operation will result in the sUAS being 

operated safely in the national airspace system, consistent with Section 333. Based on the smallsize of

the sUAS involved, the low altitude and restricted environment in which they will operate, and the fact 

that they will be operated within the visual line of sight of the operator, there is more than sufficient 

basis to find that the sUAS can be operated safely under this proposal.

1. Size, Weight, Speed, and Operational Capability

APS proposes to use small, (VTOL) multi-rotor craft with a maximum weight of 7 pounds or less, 

that are powered by electric batteries and carry no flammable fuel or cargo. Arizona Public Service 
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Company will use small craft typically referred to as quadcopters with a maximum takeoff weight of 10

pounds including the payload options when situations require specialized equipment, such as infrared 

cameras for thermal inspection of power equipment are needed.

The sUAS used by Arizona Public Service Company will have integrated GPS autopilot systems.

The integrated GPS autopilots provide stable, precise flight, and stable hovering and GPS hold—enabling

field workers to focus on situational awareness (e.g., proximity to high voltage equipment) and safety of

themselves and the public. In addition, the GPS autopilot system provides an automatic return to home

capability in the unlikely case of signal loss with the operator and preprogramed route function for safe 

return. Additional safety feature include, a base station that constantly provides real-time feedback on 

the operational effectiveness of the battery, rotors, signal strength, telemetry data and a “black box” 

that will continually capture operational data during the flight.

These small, multi-rotor craft are ideally suited for inspection of power lines, generating plants

and other power-related infrastructure because they often deliver high-quality photo and video more 

efficiently and cost effectively than traditional methods. Using sUAS can also be safer for utility workers 

because it will avoid putting utility workers in close proximity to high-voltage equipment and work 

conditions with high elevations, eliminating the risk of injuries from falls and electrocutions. They also

allow the safe inspection of hard-to-access or environmentally sensitive areas without the use of bucket

trucks and other utility vehicles. Overall, sUAS can provide significant benefits over traditional energy

infrastructure inspection methodsto utility workers and customers.

2. Proximity to Airports/PopulatedAreas

APS will avoid operating the sUAS over densely populated areas and will operate at least three

nautical miles away from the nearest public use airport. The sUAS will be operated at low altitudes of 

250 feet or less—much lower than the airspace in which manned vehicles operate and lower than the 
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altitude at which hobby aircraft fly. Finally, all operations will occur over utility property or utility 

right of way or easements.

In addition, Arizona Public Service Company’s flights will likely occur in airspace that is subject to

a Notice to Airmen (“NOTAM”). The Administration has issued a standing notice to pilots to avoid

loitering in the “airspace above, or in proximity to, sites such as nuclear power plants, power plants,

dams, refineries, industrial complexes, military facilities, and other similar facilities.” This NOTAM should

further limit the potential interaction of any flights near Arizona Public Service Company power

transmission facilities.

3. Visual Line of Sight

A pilot (operator) with proper training will have passed an aeronautical test and obtain an UAS 

operator pilot certificate. The operator will only operate the sUAS during daylight hours, in good

weather, and within the operator’s line of sight. In addition, the operator will be accompanied by a 

trained spotter, who also will be positioned in line of sight of the aircraft and will be in constant

communication with the operator to identify and alert the operator to any potential obstacles. This

eliminates the need for other “sense and avoid” capabilities during operation, as well as the need for any

method of air traffic control communications.

6

See Interim Operational Approval Guidance 08-01, Unmanned Aircraft Systems Operations in the U.S. National

Airspace System at 4 (Mar. 13, 2008).

B. APS’s Proposal Also Satisfiesthe Standard for Exemption under Section 44701 and 14

C.F.R. § 11.81.

1. Granting APS’s Request Would Not Adversely Affect Safety and Would Provide a

Level of Safety at Least Equal to Existing Rules.

Granting Arizona Public Service Company’ Petition will not adversely affect safety. APS’s

proposed terms and conditions of operation would provide a level of safety at least equal to existing

rules. As discussed above with respect to Section 333(b)(1) criteria, the size, weight, speed, and

operational capability of the sUAS that will be used in the proposed operations indicate that the aircraft
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can be operated safely in the national airspace system. Moreover, the aircraft will be operated at low

altitudes, not in proximity to airports or densely populated areas, and within the visual line of sight of the

operator and spotter. In addition, Arizona Public Service Company proposes the following conditions to 

ensure that the requested exemption would result in a level of safety at least equal to the rules from

which Arizona Public Service Company is seeking an exemption.

a. Safety Systems: APS will use sUAS that has a semi-autonomous navigation and

control system comprised of a Ground Control Station and “auto-pilot” system.

Automated safety functions and safety enhancing features of the sUAS that Arizona Public 

Service Company will use include the following:

 Precision Flight and Stable Hovering: Integrated GPS autopilot system provides

position holding, altitude lock, and stable hovering to all field personnel to focus on

situational awareness and safely getting the job done.

 Auto Return-To-Home: Fail-safe feature will automatically activate in case of 

signal loss with ground station, using GPS-Enabled autopilot to automatically follow a 

predetermined safe route of return and landing the craft at the original take-off point.

 Clearly Visible Battery and GPS Status: Battery and GPS Status will be available

on the receiver and available through the ground station display. Automatic return to 

home at a set battery level, APS proposes 20%

 Longest Battery Life in Class: The sUAS APS will utilize has 88 minutes of 

possible flight time. APS will not operate with less than 20% battery life or no longer 

than 60 minutes during a continuous flight, whichever comes first.

 No Waypoint Zones: The Ground Control Station features a function called

"No Waypoint Zones." This feature provides an extra element of safety around major 

airports by not allowing the sUAS to operate within a predetermined radius of these 

airports.

 Virtual Fence Option: This feature exists to make sure your SUAS doesn’t 

operate in a undented area, such over a road or other structure.

b. Mandatory Operating Conditions

In addition to the safety features described above, Arizona Public Service Company

proposes that its exemption be subject to the following mandatory conditions to ensure safe

operation:

 Operations will avoid densely populated areas and only operate over APS property, rights of 

way or easements.
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 Operations will not be conducted over highways, freeways or major roads where traffic is 

not being controlled.

 Maximum total flight time for each flight will be 60 minutes. Flights will be terminated 

at 20% battery power reserve,should that occur before this time limit.

 Operations will occur during Visual Flight Rules Meteorological Conditions.

 Aircraft to remain within Visual Line of Sight (“VLOS”). VLOS will be guaranteed with a

cylinder of operation around operator of 1/4 nautical miles.

 Operations will occur during daylight hours.

 Flights will be operated at an altitude of no more than 250 feet Above Ground Level(“AGL”).

 All operations to remain more than three nautical miles from the airport reference point 

of public use airports.

 Operators and spotters will meet the operator training and certification requirements

proposed below.

 Operators and spotters will be in communication at all times.

 Operator will perform required maintenance per the manufacturer’s recommendations

and keep a log of any maintenance performed.

 Operator will perform any safety checks specified in the manufacturer’s user guide prior to

each flight.

c. Operator Training and Certification

As discussed above, the sUAS Arizona Public Service Company will use are characterized by a

high degree of control and built-in technical capabilities that limit the potential for operation outside the

operating conditions set forth in this Petition. Moreover, the mandatory operating conditions

(maximum altitude, proximity to airfields, visual line of sight) minimize any potential weather impact and

interactions with other aircraft.

Situational awareness around high-voltage equipment, a thorough working knowledge of the 

sUAS, and strict adherence to corporate sUAS flight policy are key to safe sUAS operations. Given the 

significant differences between sUAS and piloted aircraft, the safety features inherent in the sUAS, and 
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the strict operating conditions that will apply. Arizona Public Service Company proposes that, in addition

to holding a UAS pilot certificate from an accredited training facility and completed the FAA aeronautical 

test, operators of the sUAS shall also be required to have:

 Proven knowledge of Arizona Public Service Company UAS flight policy (including

Mandatory Operating Conditionsspecified in this Petition)

 Proven working knowledge of safe sUAS operations, flight characteristics,

safety features, GPS/Battery Status indicators, and emergency procedures

 Utility knowledge regarding safe operations around high voltage power lines, 

substation equipment, and power plants; and

 A valid driver’s license.

APS is receptive to future regulations and industry guidance on licensing sUAS pilots using 

training and testing that is relevant to operating sUAS in a limited flight area.

d. Privacy Considerations

APS will not operate sUAS in any way that may invade personal privacy and will comply with any

federal, state, or local privacy laws that may apply in areas where Arizona Public Service Company

operates sUAS. In addition, as a practical matter, flights will occur over utility property or utility right of

way, so privacy is unlikely to be a concern in relation to APS’s proposed use.

2. Granting APS’s Request Would Be in the Public Interest and Would Benefit the

Public as a Whole.

Allowing the requested use will provide significant benefits to the public, Arizona Public Service 

Company customers, and Arizona Public Service Company employees. Using sUAS to inspect energy

infrastructure can be safer and more efficient than traditional methods of infrastructure inspection, such

as the use of helicopters, bucket trucks and climbing inspections. The increased safety and efficiency of

using sUAS to inspect infrastructure following significant weather events is especially important to

Arizona Public Service Company, which serves 1.3 million customers in Arizona, where storms occur with

frequency during the Monson season. An infrastructure inspection process that is safer and more
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efficient can help to lower operations and maintenance costs and more quickly resolve problems in the

delivery of electricity, both of which will benefit customers.

Moreover, the requested use presents a compelling case for the Administration moving forward 

with efforts to integrate sUAS into the national airspace system as required by Section 333. The public 

has a significant interest in efficient and safe inspection of energy infrastructure to ensure reliable 

delivery of power, and Arizona Public Service Company has proposed using sUAS to further this public

interest in a way that is at least as safe as operation of aircraft under existing regulations. APS’s request, 

therefore, provides the Administration an appropriate vehicle to further Congress’ mandate to expedite 

integration of UAS. In addition, APS’s operational experience resulting from the use of sUAS in utility

operations may be valuable to the Administration in developing comprehensive rules governing sUAS for

the electric industry.

C. Description of Relief Sought and Regulationsfrom Which Exemption is Requested

Based on the foregoing, APS’s proposalsatisfies the criteria for approval under Section

333. In addition, APS’s proposal meets the requirements and policies for exemptions from 

Administration regulations. Arizona Public Service Company therefore respectfully requests that the

Administration grant exemptionsfrom the regulationsset forth in Appendix A to this Petition.

V. CONCLUSION

For the reasons discussed above, Arizona Public Service Company satisfies the relevant criteria

for approval under Section 333 and exemptions from referenced regulations pursuant to Section

44701(f). APS has attempted to identify the applicable regulations for which an exemption is required 

for the proposed use. To the extent that the Administration determines that any other safety 
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regulations might apply to APS’s proposed use, APS further requests that this Petition be deemed to 

seek an exemption from those requirements.

Accordingly, Arizona Public Service Company respectfully requests that the Administration grant the

relief requested in this Petition to allow the use of sUAS for the purposes and under the conditions set

forth herein. Granting this Petition will not only further Congress’ instruction to expedite the safe

integration of UAS into the national airspace system, but will also further the significant public interest in

the safe and reliable delivery of electricity to customers.

February, 24, 2015 Respectfully submitted,

Ian R. Hatfield 

Arizona Public Service Co.

PO Box 53933 Sta 4618

Phoenix, AZ 85072

Phone: (602) 809-0545

ian.hatfield@aps.com
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Appendix A: Regulationsfrom Which Exemption is Requested

APS has attempted to identify the applicable regulations for which an exemption is required for

the proposed use. To the extent that the Administration determines that any other safety regulations

might apply to APS’s proposed use, Arizona Public Service Company further requests that this Petition

be deemed to seek an exemption from those requirements.

1. 14 C.F.R. Part 21: Airworthiness Certification

Part 21 establishes procedural requirements for certifications under Section 44704, including 

airworthiness certificates. Both Sections 333 and 44701(b) authorize the Administration to exempt 

aircraft from airworthiness certification under this Part based upon consideration of its size, weight, 

speed, operational capability, and proximity to airports and populated areas. See Section 333.

An analysis of these criteria demonstratesthat the sUAS operated without an airworthiness

certificate, in the restricted environment, and under the conditions proposed will be at least as safe, or 

safer, than a conventional aircraft operating with an airworthiness certificate without the restrictions 

and conditions proposed.

The sUAS Arizona Public Service Company will use are 15 pounds or less, carry no pilot or

passengers, and carry no explosive materials or flammable liquid fuels. Operations under this exemption

will be tightly controlled and monitored by the operator and spotter. These safety enhancements

provide at least the same degree of safety to the public and property owners than conventional

operations conducted with airworthiness certificates.

2. 14 C.F.R. Part 27: Airworthiness Standardsfor Normal Category Rotorcraft

Part 27 sets forth the procedural requirements for airworthiness certification of normal category 

rotorcraft. To the extent the sUAS would otherwise require certification under Part 27, as a rotorcraft,

Arizona Public Service Company requests an exemption from Part 27’s airworthiness standards for the

same reasons identified above with respect to Part 21 requirements.
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3. 14 C.F.R. § 45.23(b): Marking Requirements

Section 45.23(b) requires that on limited, restricted, or light-sport category aircraft, or 

experimental or provisionally certificated aircraft, markings indicating the aircraft category must be 

displayed in letters not less than two inches nor more than six inches high “near each entrance to the 

cabin, cockpit, or pilot station.” Exemption from 14 C.F.R. § 45.23(b) is warranted because the aircraft 

has no entrance to the cabin, cockpit, or pilot station on which the required marking can be displayed. 

Arizona Public Service Company requests an exemption to 14 C.F.R. § 45.23(b)’s marking requirements

and proposes instead to display markings to the fullest extent possible in compliance with the location

requirements of 14 C.F.R. § 45.27(a) and the size requirements of 14 C.F.R. § 45.29(f).

4. 14 C.F.R. §§ 61.113(a) and (b); 61.133(a): Private Pilot Privileges and Limitations: Pilot in

Command; Commercial Pilot Privileges and Limitations

Sections 61.113(a) and (b) limit private pilots to non-commercial operations. Section 61.133(a) 

requires an individual with a commercial pilot’s license to be pilot in command of an aircraft for 

compensation or hire. Unlike a conventional aircraft that carries a pilot, passengers, and cargo, the 

sUAS proposed for use by Arizona Public Service Company are remotely controlled with no passengers

or cargo on board.

APS respectfully requests exemptions from these requirements based on the particular 

characteristics of the sUAS that will be used. The risks associated with the operation of the sUAS 

described above (given the size, speed, operational capabilities, and lack of combustible fuel) are much 

lower than the risks associated with private pilot operations or commercial operations contemplated by 

Part 61 with conventional aircraft. Given the inherently lower-risk nature of the sUAS and these safety 

features, Arizona Public Service Company proposes that operators be required to successfully complete

the training described above. This training and the conditions and restrictions on operation proposed in
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this Petition will provide an equivalent level of safety as requiring operators to have a private pilot’s

certificate or a commercial pilot’s certificate.

5. 14 C.F.R. § 91.7(a): Civil Aircraft Worthiness

Section 91.7(a) requires that no person may operate a civil aircraft unless it is in airworthy 

condition. If the Administration grants APS’s request for exemption from the requirement to obtain an

airworthiness certificate, no Administration regulatory standard will exist for determining airworthiness.

Arizona Public Service Company will, however, maintain the sUAS as directed by the manufacturers and

conduct any recommended safety checks prior to each flight.

6. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft

Section 91.9(b)(2) prohibits a person from operating a civil aircraft “[f]or which an Airplane or 

Rotorcraft Flight Manual is not required by § 21.5 of this chapter, unless there is available in the aircraft 

a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and 

placards, or any combination thereof.”

Given the size and configuration of the sUAS Arizona Public Service Company will use, it is not

possible to carry such a flight manual on the aircraft. The equivalent level of safety will be achieved by

keeping the flight manual (specifically, the manufacturer’s user guide) at the ground control point where

the operator will have immediate accessto it.

7. 14 C.F.R. § 91.103: Preflight Action

Section 91.103 requires a pilot in command to become familiar with specific information before 

each flight, including information contained in the Administration-approved Flight Manual on board the 

aircraft. As no Administration-approved Flight Manual will be provided, Arizona Public Service Company

requests an exemption from this requirement. The operator would, however, become familiar with the 

manufacturer’s user guide.
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8. 14 C.F.R. §§ 91.109, 91.319(a)(1): Flight Instruction

These regulations provide that no person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls.

The sUAS Arizona Public Service Company will use are remotely-piloted aircraft and designed without

fully functioning dual controls. Flight control is accomplished through the use of a control box that 

communicates with the aircraft via radio communications. The equivalent level of safety provided by 

the fact that neither a pilot nor passengers will be carried in the aircraft, by the size and speed of the 

aircraft, and the safety features of the aircraft that limit the potential for operation outside the 

operating conditionsset forth in this Petition.

9. 14 C.F.R. § 91.119: Minimum Safe Altitudes

Section 91.119(c) prescribes the minimum safe altitudes under which aircraft may not operate, 

including 500 feet above the surface and away from any person, vessel, vehicle, or structure in noncongested areas. Section 91.119(d)(1) allows for a helicopter to operate at less than those minimum 

altitudes under certain conditions.

As described above, Arizona Public Service Company will operate the sUAS at altitudes up to

250 feet AGL, and therefore requests an exemption from the 500-foot minimum altitude. Given the

size, weight, and speed of the sUAS and the lack of flammable fuel, any risk associated with these

operations is far less than those presently presented with conventional aircraft operating at or below

500 AGL. In addition, the low-altitude operations of the sUAS will ensure separation between these

sUAS operations and the operations of conventional aircraft that must generally operate above 500

feet.

10. 14 C.F.R. § 91.121: Altimeter Settings
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Section 121 requires each person operating an aircraft to maintain cruising altitude by reference 

to an altimeter that is set “to the elevation of the departure airport or an appropriate altimeter setting 

available before departure.” As the sUAS may not have a barometric altimeter, but instead use GPS 

technology, Arizona Public Service Company requests an exemption from this requirement to the extent

it operates sUAS without a barometric altimeter. An equivalent level of safety will be achieved by the

operator confirming the acquisition of GPS signals and an initial ground level altitude of zero prior to take

off.

11. 14 C.F.R. § 91.151(a): Fuel Requirementsfor Flight in VFR Conditions

Section 91.151(a) prohibits an individual from beginning “a flight in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the 

first point of intended landing, and, assuming normal cruising speed – (1) During the day, to fly after that 

for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.”

APS requests an exemption from the 30 minutes of reserve fuel requirement. Given the

limitations on flight locations and operations set forth in this Petition, a longer time frame for flight is 

reasonable. Operating the sUAS in a tightly controlled area with less than 30 minutes of reserve fuel 

does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and 

speed of the sUAS.

APS proposesthat an equivalent level of safety can be achieved by limiting flights to 60

minutes or 20% of battery power, whichever happens first. This restriction would be more than 

adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area.

12. 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

Section 91.203 requires a civil aircraft to have “within it . . . [a]n appropriate and current 

airworthiness certificate” that must be “displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew.” As discussed above with respect to Section 91.9(b)(2) requiring the aircraft to carry

a flight manual, the physical characteristics of sUAS are such that there is no ability or place to carry 
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registration documents or to display them on the sUAS. An equivalent level of safety will be achieved by

keeping registration documents at the ground control point where the operator will have immediate

access to them. Moreover, the requirement to carry airworthiness certificate will not apply to Arizona 

Public Service Company if the Administration grants APS’s request for an exemption from this

requirement, as requested above.

13. 14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417(a) and (b): Maintenance

Inspections

These regulationsspecify maintenance and inspection standards in reference to 14 C.F.R. Part

43. Specifically, 14 C.F.R. § 91.405(a) states that the owner or operator of an aircraft shall have the 

aircraft inspected as prescribed in the rules and have discrepanciesrepaired as prescribed in part 43; 14

C.F.R. §§ 407(a)(1) and 409(a)(2) requiresthat an aircraft be approved for return to service by a person

authorized under 14 C.F.R. Section 43.7 after it has undergone maintenance or receives an annual 

inspection; and 14 C.F.R. § 417 requires an owner or operator of an aircraft to maintain specific types of 

maintenance records, including signatures of the person authorized to approve the aircraft’s return to 

service.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate,

these sections will not apply to APS’s operation of sUAS. Maintenance will be accomplished by the 

operator pursuant to the manufacturerspecifications. An equivalent level of safety to existing regulations 

will be achieved because these sUAS are very limited in size, operate only in restricted areas for limited

periods of time, and carry no flammable fuel. If mechanical issues arise, the sUAS can land immediately

and will be operating from no higher than 250 feet AGL. As described above, the operator will ensure

that the sUAS is in working order prior to initiating flight, perform a preflight safety checklist, perform

required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the
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person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to

provide the equivalent level of safety.

14. 14 C.F.R. § 91.1501: Continued Airworthiness

Section 91.1501(a) “requires operatorsto support the continued airworthiness of each airplane.” 

Arizona Public Service Company requests an exemption from this regulation because the sUAS will not

be subject to an airworthiness certificate.

 

Appendix B: Summary Suitable for Publication in the Federal Register

APS petitionsthe Federal Aviation Administration for relief from compliance with 14 C.F.R. Part

21;14 C.F.R. Part 27; 14 C.F.R. §§ 45.23(b); 61.113 (a) and (b); 61.133(a); 91.7(a); 91.9(b)(2); 91.103;

91.109; 91.119; 91.121; 91.151(a); 91.203(a) and (b); 91.319(a)(1); 91.405(a); 91.407(a)(1); 91.409 (a)(2);

91.417 (a) and (b); 91.1501 for purposes of operating small unmanned aircraft 15 pounds or less on 

property that is owned or controlled by Arizona Public Service Company or in utility right of way to

inspect energy infrastructure and identify problems in the delivery of electricity to customers. Arizona 

Public Service Company proposesthat its operation be subject to the operating conditions and safety

standardsset forth in the petition in lieu of the above-referenced regulationsin order to provide a level

of safety equivalent to those regulations.